
Glass. 
Book. 



_Z£H 



A Z I L I A . 



AZI LI A : 

HISTORICAL LEGEND OF &EOR&IA, 

FROM I 71 7. 

[From Original Papers Published at the Time.] 



A LAND OF BKOOKS, OF WATEK, OF FOUNTAINS; 

A LAND OF WHEAT AND BAKLEY, AND 

VINES, AND FIG TREES, AND 

POMEGEANATES, 

AND HONEY. 



COMPILED BY 
GEORGE W. SHAFFER. 



^AVANNAH, pA : '-^^'^^V^^^' 

EDWARD J. PURSE, PRINTER. 

1870. 



To THE Reader. 



I publish for the Citizens of Georgia, ' ' The Histori- 
cal Legend of this State in 1717."' 

Its genuineness may be determined, by reference to 
published Documents. 

Those obtained from the late Petee Force, Esq... 
are ^^•ith the assent of his Executor. 

Respectfully, 

GEORGE W. SHAFFER. 



A 



ZILIA. 




lantatioBS of new countries, says the 
ij^ great Lord Bacon, are among the primi- 
i tive and most heroic works of man. 
\ j-5^ They are meritorious in a double sense., 
religiously as they illuminate the souls of hea- 
thens, through the darkness of their ignorance, 
and politically as they strengthen the dominion 
which sends out the colony and wonderfully 
more than any other means enrich the under- 
takers. 

Excited therefore by an earnest inclination to 
establish such a settlement as may by new 
means, yield new benefits as well as in wealth as 
safety ; and resolving to proceed upon a scheme 
entirely different from any hitherto attempted 
and which appears to promise great and inex- 
pressible advantage; the grant on which we 
found the undertaking will be seen in the fol- 
lowing abstract : 



8 AZILI A . 

The underwritten Palatine and Lords Proprie- 
tors of tlie Province of Carolina, do on the con- 
sideration hereinafter mentioned; grant, sell, 
alien, release and confirm to Sir Kobert Mont- 
gomery, Baronet, his heirs and assigns, forever, 
all that tract of land, which lies between the 
rivers Alatamaha and Savanna, together with 
the islands, ports, harbors, bays and rivers, on 
that part of the coast, which lies between the 
months of the said two rivers, to the seaward; 
and moreover, all veins, mines and quarries of 
gold and silver, and all other whatever, be they 
of stones, metals, or any other things found, or 
to be found, within that tract of land, and the 
limits aforesaid; wdth liberty over and above to 
make settlements on the south side of Alata- 
maha river, which tract of land, the said under- 
written Lords, do erect into a distinct Province, 
with proper jurisdictions, privileges, prerogatives 
and franchises, independent of and not subject 
to, the laws of South Carolina, to be holden of 
the said Lords by Sir Kobert, his heirs and 
assigns, forever, under the name and title of the 
Margravate of Azilia, at and under the yearly 
quit-rent of one penny sterling per acre, or its 



A Z I L I A 



Yalue in goods or merchandise, as tlie land shall 
be occupied, taken up, or run out; payable year- 
ly to the Lords Proprietors' Officers, at Charles 
Town, but such payment not to commence till 
three years after the arrival of the first ships 
there, which shall be sent over to begin the set- 
tlement; over and jibove which penny per acre; 
Sir Eobert, his heirs and assigns, shall also yield, 
and pay to the Lords Proprietors, one fourth part 
of all gold or silver ore, besides the quota re- 
served to the crown out of the said royal miner- 
als; District Courts of Judicature to be erected^ 
and such laws enacted within the Margravate, by 
and wdth the advice, assent and approbation of 
the freemen thereof, in publick assembly, as shall 
be most conducive to the utility of the said Mar- 
gravate, and as near as may be conveniently 
agreeable to the laws and customs of England, 
but so as such laws do not extend to lay duties 
or custom or other obstruction upon the naviga- 
tion of either of the said rivers, by any inhabi- 
tant of South or North Carolina or their free 
commerce and trade with the Indian Nations^, 
either wdthin or to the southward of the Margra- 
vate, Sir Eobert consenting that the same duty 



10 A Z ILIA 



shall be charged on skins within the Margravate, 
which at this time stands charged on such skins 
in South Carolina, and appropriated to the 
maintainance of the clergy there, so long as that 
duty is continued in South Carolina, but the said 
duty shall not be increased in Azilia, though the 
Assembly of South Carolina should think fit to 
increase it there, nor shall it longer continue to 
be paid than while it shall remain appropriated 
as at present, to the maintainance of the clergy 
only : In consideration of all Avhich powers, 
rights, privileges, prerogatives and franchises. 
Sir Kobert shall transport at his own expense a 
considerable number of families, with all neces- 
saries for making a new settlement in the said 
tract of land, and in case it be neglected for 
the space of three years from the date of this 
Grant, then the Grant shall become void, any- 
thing herein contained to the contrary notwith- 
standing. 

Dated June the nineteenth, 1717. 

Carteret, Falafine, 

Ia Bertie, 

Foi' the Bake of Beaufort. 

M. Ashley, 

John Colleton. 



A Z I L I A . 11 




A Description of the Country. 

t lies about the 31st and 32nd degree 
(/-lB3 of northern hititude — is bounded east- 

.^w ward by the Great Atlantic Sea — to the 

'^-^ Avest by a part of the Apalachian moun- 
tains, and to the north and south by the two 
Great Rivers mentioned in the Grant. 

In the maps of North America, it may be 
taken notice of, how well this country lies for 
trade with all our (Colonies, and in regard to 
every other prospect, which can make a situa- 
tion healthy, profitable, lovely and inviting — 
^Florida, of which it is a part, received that 
name from its delightful forid and agreeable 
appearance. 

It has been commonly observed that gay de- 
scriptions of new countries, raise a doubt of 
tlieir sincerity ; men are apt to think the pic- 
ture drawn beyond the life to serve the interest 
of the representer. To show the prejudice of 
this opinion, whatever shall be said upon the 
subject. Here is all extracted from our English 
writers, who are very humorous, and imiver- 
sally agree that Carolina, and especially in 



12 A Z I L I A . 



its southern bounds, is the most amiable coun- 
try in the universe ; that nature has not blessed 
the world with any tract which can be prefera- 
ble to it, that Paradise with all her virgin beau- 
ties may be modestly suj^posed, at most, but 
equal to its native excellencies. 

It lies in the same latitude with Palestine 
herself, that promised Canaan which was point- 
ed out by God's own choice to bless the labors 
of a favorite people. It abounds with rivers, 
woods and meadows. Its gentle hills are full 
of mines — lead, copper, iron and even some 
silver. It is beautiful, with odoriferous plants, 
green all the year, pine, cedar, cypress, oak, 
elm, ash or walnut ; with iiinumerable other sorts 
both fruit or timber trees, grow everywhere so 
pleasantly that though they meet at the top and 
shade the traveller, they are at the same time 
so distant in their bodies, and so free from 
underwood or bushes, that the deer and other 
game, which feed in droves along the forests, 
maybe often seen nvar half a mile between them. 

The air is healthy and the soil in general 
fruitful and of infinite variety ; vines naturally 
flourishing upon the hills, bear grapes in most 



A Z I L I A . 13 



luxuriant plenty. They liaye eyeiy grovrtli 
wliicli we possess in England, and almost eyery 
tiling that England wants besides. The orange 
and the lemon, thriye in the same common 
orchard with the apple, and the pear tree, 
plumbs, peaches, apricots and nectarines, bear 
from stones in three years growing. 

The planters raise large orchards of these 
fruits to feed their hogs with — wheat ears haye 
been measured there seyen inches long, and 
they haye barley, beans, peas, rice, and all our 
grains, roots, herbs and liowers — not to speak of 
numbers of their own, which we can find no 
names for; beef, mutton, pork, tame poultry, 
wild fowl, sea and riyer fish, are all there plenti- 
ful, and most at lower rates, than in the cheap- 
est parts of Wales or Scotland. 

The many lakes and pretty riyulets through- 
out the Proyince, breed a multitude of geese, 
and other water fowl ; the air is found so tem- 
perate, and the seasons of the year so yeiy reg- 
ular, that there is no excess of heat or cold nor 
any sudden alterations in the weather — the riyer 
banks are coyered with a strange variety of 
loyely trees, which being always green, present 



li A Z I L I A . 



a tliousancl landscapes to the eye, so fine and so 
diversified, that the sight is entirely charmed 
with them ; the ground lies sloping towards the 
rivers, but at a distance rises gradually and in- 
termingles like hills of wood with fruitful plains, 
all covered ovet with wild flowers and not a tree 
to interrupt the prospect. And this tempting 
country is not inhabited except those parts in 
the possession of the English, unless, by here and 
there, a tribe of wandering Indians wild and 
ignorant, all artless and uncultivated, as the soil 
which fosters them. 



vl^fes 



Of the I'orm PEorosED in kSettling. 

^>.ur meaning here relates to ^^hat imme- 
diate measures will be taken, for secu- 
'^^^^S ^'^^y against the insults of the Natives 
during the infancy of our affairs; to 
Avhich end we shall not satisfy ourselves with 
building here and iliere a Fort, the fatal prac- 
tice of America, l)ut so dispose the habitations 
and divisions of the lau'l, that not alone our 




A Z I L I A . 15 

houses, but whatever we possess, will be enclosed 
by military lines impregnable against the sav- 
ages, and which will make our whole Plantation 
one continued Fortress. It need not be sup- 
posed that all the lands will thus be fortified at 
once. 

The first lines drawn will be in just propor- 
tion to the number of men they inclose; as 
the inhabitants increase new lines will be made 
to enclose them also, so that all the people will 
be always safe within a well-defended line of 
circumvallation. 

The reader will allow it is not necessary that 
these retrenchments be of bulk like those of 
Europe; small defence is strong against the 
poor unskillful Natives of America. They have 
accomplished all their bloody mischief by sTlr- 
prises and incursions, but durst never think of a 
defiance to artillery. 

The massacres and frequent ruins which have 
fallen upon some English settlements for want 
of this one caution have sufficiently instructed 
us that strength producing safety is the point 
which should be chiefly weighed in such attempts 



16 A Z I L I A . 



as these— Solon liad reason when he said to 
CiTesus lookmg on his treasure, "Yon are rich 
indeed and so far you are mighty : But if any 
man should come with a sharper steel than yours, 
how easily will he be made the master of your 
gold." 

At the arrival therefore of the first men carried 
over, proper officers shall mark and cause to be 
intrenched a square of land in just proportion 
to their number. On the outside of this square, 
within the little redoubts or bastions of the 
intrenchment they raise light timber dwellings, 
cutting down the trees which everywhere encom- 
pass them. The officers are quartered with the 
men whom they command, and the Governor-in- 
Cliief is placed exactly in the center. By these 
moans the laboring people (being so disposed 
as to be always w^atchful of an enemies approach,) 
are themselves within the eye of those set over 
them, and altogether under the inspection of 
their principal. 

The redoubts may be near enough to defend 
each other with muskets, but field-pieces and pa- 
tarero's will be planted upon each, kept charged 
with cartridge shot and pieces of old iron. — 



AZILIA. 17 



Within these redoubts are the common dwellings 
of the men who must defend them; between 
them runs a palisadoed bank and a ditch, Avhicli 
will ]3e scoured by the artillery. One man in 
each redoubt kept night and day upon the 
guard, will give alarm upon occasion to the 
others at their work. So they cultivate their 
lands, raise their cattle, and follow their business, 
with great ease and safety. Exactly in the cen- 
ter of the innermost square, will be a Fort de- 
fended by large cannons pointing every Avay, 
and capable of making strong resistance in case 
some (juarter of the outward lines should chance 
to be surprised by any sudden accident, which 
yet with tolerable care v>^ould be impracticable. 

The nature of this scheme when weighed 
against the ignorance and wildness of the 
Natives will show that men thus settled may at 
once defend and cultivate a territory with the 
utmost satisfaction and security,even in the heart 
of an Indian Country, then how much rather in 
a place considerably distant from the savage 
settlements. 

As the numbers shall increase and they go as 
to clear more space of land, they are to regulate 



18 A Z I L I A . 



tlieir settlements with like regard to safety and 
improvement and indeed tlie difference as to the 
time and labor is not near so great as may be 
thought betwixt enclosing land this way, and 
following the dangerous common method; but 
what is here already said will show the end for 
which it has been written which was only to give 
a general notion of the care and caution we pro- 
pose to act with. It will not however be amiss, 
as you have seen the first rude form of our Azilia 
in her infancy, to view her also in the fulness of 
her beauty ; and to end we have affixed a plan 
of one Avliole district, cleared, planted and in- 
habited; for as the country thrives, all future 
townships will be formed according to this ]3lan, 
and measured out as near each other as the 
rivers, hills, and other natural impediments will 
in any way admit of. 

But least it should be feared from the cor- 
rectness of this model, that it will be a work 
of too great difficulty, and require a mighty 
length of time to bring it to perfection, we think 
it proper to declare that purchasers will not be 
obliged to wait this form of settlement, but are 
entitled to the immediate profits of peculiar 



A Z I L I A . 19 



lands, assigned tliem, from tlie first arrival of 
tlie Colony; wliicli lands being set apart for 
that purpose will be strongly enclosed and de- 
fended by the lines or intrenchments before 
mentioned. 

Neither would we have it thought a labor so 
tedious as it is generally fancied, to establish in 
this manner a Colony which may become not 
only an advantage but a glory to the nation. 

We have prospects before us most attractive 
and unprecedented ; in the three tempting 
points — wealth, safety and liberty; benefits like 
these can never fail of drawing numbers of in- 
habitants from every corner. And men once 
got together, it is as easy to dispose them regu- 
larly and with due regard to order, beauty and 
the comforts of society, as to leave them to the 
folly of fixing at random and destroying their 
interest, by indulging their humor ; so that we 
have more than ordinary cause to expect that in 
a very short time we shall be able to present 
the solid life itself, as now we give the shadow 
only in the following explanation. 

You must suppose a level dry and fruitful 



20 A Z I L I A . 

tract of land in some fine plain or valley, con- 
taining a just square of twenty miles each way, 
or two liunclred and fifty- six thousand acres, 
laid out and settled in the form presented in the 
cut annexed. 

The district is defended by sufiicient numbers 
of men v^dio dwelling in the fortified angles of 
the line, will be employed in cultivating lands 
which are kept in hand for the particular ad- 
vantage of the Margrave. These lands sur- 
round the district just in the lines, and every 
where contain in breadth one mile exactly. 

The men, thus employed, are such as shall be 
hired in Great Britain or Ireland, well disciplin- 
ed, armed and carried over, on condition to 
serve faithfully for such a term of years, as they 
before shall agree to ; and that no man may be 
wretched in so happy a country, dt the expira- 
tion of those peoples' time ; besides some other 
considerable, and usual incouragements, all such 
among them, who shall marry in the country or 
come married thither, shall have a right of lay- 
ing claims to a certain fee farm or quantity of 
land ready cleared, together with a house built 
upon it and a stock sufficient to improve and 



A Z I L I A . 21 

cultivate it, which they shall enjoy, rent and tax 
free during life as a reward for their service ; 
by which means two very great advantages 
must naturally follow; poor labouring men, so 
secured of a fixed future settlement, will be 
thereby induced to go thither more willingly: 
and act, when there, v>dth double diligence and 
duty, and when their time expires, possessing 
just land enough to pass their lives at ease and 
bring their children up honestl}^, the families 
they leave will prove a constant seminary of 
sober servants of both sexes, for the gentry of 
the Colony; whereby they will be under no 
necessity to use the dangerous help of Black- 
moors or Indians; the lands set apart for this 
purpose, are two miles in breadth, quite round 
the District, and lie next within the Margraves' 
own reserved lands above mentioned. 

The one hundred and sixteen squares, each of 
which has a house in the middle, are every one 
a mile on each side, or six hundred and forty 
acres in a square, bating only for the highways 
which divide them ; these are the estates belong- 
ing to the gentry of the District, who, being so 
confined to an equality in land will be profitably 



22 A z I L I A . 

emulous of ont-doing each other in improve- 
ments, since that is the only way left them to 
grow richer than their neighbors ; and when the 
Margravate is once become strong enough to 
found many Districts, the estates will be all 
given gratis, together with many other benefits 
to honest and qualified gentleman in Great 
Britain, or elsewhere, who having numerous 
and well educated families, possess but little 
fortunes, other than their industry ; and will 
therefore be chosen to enjoy these advantages, 
which they shall j)ay no rent or other consider- 
ation for, and yet the undertaking will not fail 
to find its own account in their prosperity. 

The four great Parks or rather forests, are 
each four miles square, that is sixteen miles 
round each forest, in Avhich are propagated 
herds of cattle of all sorts by themselves, not 
alone to serve the uses of the District they be- 
long to, but to store such new ones as may from 
time to time be measured out on afHuence of 
people. 

The middle hollow square, which is full of 
streets crossing each other, is the City: and the 
bank, which runs about it on the outside sur- 



A z I L I A . 23 

rounded with trees, is a large void space, wliicli 
will be useful for a thousand purposes, and 
among the rest, as being airy and affording a 
line prospect of the Town in drawing near it. 
In the center of the City stands the Margraves' 
House, which is to be his constant Residence, 
(or the Residence of the Governor) and contains 
all sorts of publick edifices for dispatch or busi- 
ness ; and this again is separated from the City 
by a space like that, which as above, divides 
the town from the countrv. 



Design in View of Making Peofit. 

he prospects in this point, are more ex- 
tensive than we think it needful to dis- 
cover. It were a shame, should we con- 
f^7, fine the fruitfulness of such a rich and 
lovely country to some single product, which 
example first makes common, and the being- 
common robs of benefit. Thus sugar in Bar- 
badoes, Hice in Carolina, and tobacco in Yir- 




24 A Z I L I A . 

giuia, take up all the labours of their people, 
overstock the markets, stifle the demand, and 
make their industry their ruin, merely through 
a want of due reflection or diversity of other 
products, equally adapted to their soil and 
climate. 

Coffee, tea, figs raisins, currants, almonds, 
olives, silk, wine, cochineal, and a great variety 
of still more rich commodities, which we are 
forced to buy at mighty rates from countries, 
lying in the very latitude of our Plantation. 

All these we certainly shall propagate though 
it may perhaps be said, that they are yet but 
distant views ; meanwhile we shall confine our 
first endeavors to such easy benefits as will 
(without the smallest waiting for the growth of 
plants) be offered to our industry from the 
spontaneous wealth which over-runs the country. 

The reader may assure himself, our under- 
takings upon all occasions, will be the plainest 
and most ready roads to profit — not formed 
from doubtful and untried conceits, nor hani- 
j)ered by a train of difficulties, none are more 
apt than we to disregard chimerical or rash de- 



AZILI A. 



signs, but it is the business of men's judgment to 
cliyicle things plain, from things unhkely. 

We cannot think it proper to be too particu- 
lar upon this subject, nor will it, we suppose, be 
expected from us. One example however we 
will give, because we would present a proof, 
that much is practicable there, which has not 
yet been put in practice — we shall pitch on pot- 
ash, a commodity of great consumption in the 
trades of dying, glass-making, soap-boiling and 
some others ; not that this is the only present 
prospect which we build on, but as it is neces- 
sary we should particularize one benefit, that 
others may be credible. 

And here it will not be amiss, if we describe 
what potash is, and how they make it ; since it 
is likely some may have attempted it already in 
the forest of America, and miscarried by de- 
pending upon ignorant undertakers. 

It is not very properly indeed called potash, 
not being any kind of ashes, but the fixed and 
vegetable salt of ashes, which if mixed with wa- 
ter, melts away and turns to lye. For this rea- 
son it is preferred to all other lixivate ashes, 



26 AziLiA. 



foreign or domestick, which not being perfect 
salts, but ashes of beanstraw and other vegeta- 
bles, made stronger by the help of lye bear no 
proportion as to price with potash itself, which 
is as we said before, the pure salt without any 
of the ashes. 

To procure this salt in Kussia, and the coun- 
tries famous for it, they burn great quantities of 
oak, fur, burch and other woods cut down when 
flourishing, and full of sap ; the ashes they 
throw into boilers or huge caldrons full of wa- 
ter, and extract a thick, sharp lye by boiling. 
They let this lye grow clear by settling and then 
draw it off, and throw away the ashes left at the 
bottom. This lye so clariiied, they boil again, 
and as the watery part evaporates apace they 
supply the waste through a small pipe, from 
another vessel of the same sort of l^^e, set 
higher than the boiler ; at last, by a continued 
evaporation the whole vessel becomes full of 
thick brownish salt, which being dug out in 
lumps, and afterwards calcined, compleats the 
work, and gives a colour to the potash like a 
whitish-blue, in which condition it is barreled 
up, and fit for merchants. 



A z I L I A . 27 

Nothing can be plainer or more easy tlian 
this practice in our intended settlement. As to 
the boilers, which have ever been the great and 
terrifying expense and incumbrance of this 
work, we shall extremely lessen, and reduce that 
charge almost to nothing, by some new methods, 
being an experienced invention wherein we use 
neither copper, lead, iron, nor other mineral, 
whatsoever, and (that excepted) there is no ma- 
terial necessary but vrood only ; for wood cut 
down and burnt upon the ground affords the 
ashes — the rivers every where abounding in that 
country furnishes water ; ashes and water boiled 
together yield the lye ; the lye evaporated leaves 
behind the salt, and that very salt calcined, be- 
comes the potash, and it is packed and sent 
away in barrels, made and hooped there also. 

From due consideration of these circum- 
stances, it appears that this must be a rich and 
gainful undertaking, in a country where the 
greatest quantities of timber, and the finest in 
the world, cost nothing but the pains of cutting- 
down and burning on the banks of navigable 
rivers ; where the enlivening influence of the 
Sim prepares the trees much better for this 



28 A z I L I A 



practice than in colder climates, and where 
stubbing up the woods which cover all the set- 
tlement, will give a sure and double benefit ; for 
first they yield this valuable traffick^potash, 
and afterw^ards leave clear the ground they 
grov»- on, for producing yearly crops of such 
commodities as arc most profitable, and fittest 
for the country. 

Thus, having faintly touched the outward 
lines, and given some prospect of our purpose ; 
w^e proceed to the conditions upon wdiich w^e 
wdll admit of purchasers. 



The PiiorosAL. 







o all to wdiom these presents shall come. 

I, Egbert Montgomery, of Skelmorley, 

the Shiredom of Aire in North 

J^/^ Britain, Baronet ; send greeting : 

Whereas, his Excellency the Lord Carteret, 

Palatine, and the rest of the true and absolute 

Lords Proprietors of the Province of Carolina, 

in America, have by their Grant, bearing date 



A z I L I A . 29 



the nineteentli clay of June last, bargaiuecl, sold, 
aliened, released, enfeoffed and confirmed to me, 
the above mentioned Sir Eobeet Montgomery, 
my heirs and assigns : All that tract of land in 
their said Province, which lies between the 
rivers Allatamaha and Savanna, and erected the 
said tract into a distinct Province with proper 
and independent jurisdictions, under the name 
and title of the Margravate of Azilia, to be held 
of them the Lords Proprietors of Carolina, by 
me, my heirs and assigns forever ; and whereas 
for better carrying on my design of transport- 
ing people, and making a new settlement in the 
said Margravate ; I have made and caused to 
be published the proposals hereunto annexed. 
Now therefore for securing the advantages pro- 
posed in the said "Articles to All," who shall or 
may subscribe any sum or sums of money for 
the purchase of lands and profits in the Mar- 
gravate of Azilia, aforesaid and shall on their 
parts, make good the payments and conditions 
mentioned in the Articles. I the above named 
Sir Egbert Montgomery do, by these presents, 
to be enrolled in the High Court of Chancery, 
in perpetual proof and testimony of the secu- 



30 A Z I L I A . 



rity hereby designed to be conveyed, engage, 
bind, mortgage, assign and firmly make subject, 
the said Grant Lands, and benefits for making 
good the uses in the said Articles expressed in 
manner as at large, hereinunder described ; 
and I do hereby declare and consent, that the 
instruments signed by my hand writing as reci- 
ted in the Seventh Article, shall be deemed and 
they are by virtue of these presents, declared to 
be a firm and sufiicient proof of title to the re- 
spective claim therein mentioned to be conveyed 
by, and upon the security by these presents 
provided. And I do hereby authorize and ap- 
point David Kennedy, Esqr., in my absence to 
fill up and deliver the said instruments with all 
efi'ectual authority and irrevocable rights of re- 
presentatives, which by Letter of Attorney, or 
by any other form or means whatever, can or 
might be deputed to him. And I declare my- 
self obliged as to the sufiiciency of the writings 
delivered, by such act of the said David Ken- 
nedy, as fimly as if I had in person filled and 
delivered the said writings ; and in case that I 
Sir Egbert Montgomery, or my heirs or assigns 
or any claiming right, or exercising power by, 



A Z ILIA. 31 



from or under me, shall at any time hereafter 
refuse to submit to the said annexed Articles, or 
to any of them, or shall under any unjust pre- 
tence whatsoever forbear the cultivation of the 
purchasers lands, or consign the annual pro- 
ducts arising therefrom or any part of the same, 
to any other person or persons, than to the Fac- 
tor or Factors who shall be appointed by the 
purchasers or to persons approved by them, or 
shall refuse or deny admission, residence or oc- 
cular satisfaction on the spot to any agent, 
whom the purchasers may at any time think fit 
to send over for that purpose. In any of these 
cases the purchasers shall, by virtue of these 
presents (any form of law, usage, custom or 
pretence to the contrary notwithstanding) have 
a warrantable, and incontrovertible right and 
authority, 'o procure and obtain present justice 
to themselves in manner following : that is 
to say ; upon such breach of covenant the said 
purchasers shall or may, meet upon the sum- 
mons of the party injured, or of any other per- 
son interested, and by a majority of the voices 
present, elect a committee of three ; which com- 
mittee shall draw up a state of the case they 



32 A z I L I A . 



complain of ; and present it to me, or my heirs 
or assigns, or to any agent acting for me or 
them, or any of them in London or elsewhere^ 
and if within ten days after such presentation 
they receive not due satisfaction from such per- 
son or agent ; they shall leave notice in writing 
at the place of his dwelling, or publish in the 
Gazette, or other authentick News Letter, that 
on some day therein named, they design to lay 
the state of their case before the King's Attor- 
ney General and Solicitor General, in London, 
for the time being, in order to have their opin- 
ions v/hether the fact they complain of, be, or be 
not, a breach of any part of the Articles here- 
unto annexed, that so the said person or agent, 
may attend if he shall have any thing to offer 
in defence of the matter complained of. And 
if upon the question the Attorne}^ General shall 
join in the opinion, and give it under their 
hands, that the cause of complaint does plainly 
appear in their judgments, to be a breach of 
the Articles, subscribed to, and such person, as 
above described, or some agent acting for him, 
shall not forthwith make due satisfaction ; such 
forbearance to do justice in the case, shall after 



A Z I L I A . 3^ 



tliirty days next following the date of the said 
written opinion, become an absokite forfeiture 
of the Grant, and from thenceforth all lands, 
prerogatives, privileges, powers and benefits, 
y/hatsoever held, claimed or enjoyed b}^ virtue 
of the said Grant, shall be taken possession of, 
for the sole future use of the body of purchasers, 
and shall be carried on to their general advan- 
tage and according to their orders and directions, 
by any person or persons whom they shall 
choose by a majority of their voices and send 
over to that purpose. And that no possible 
let or impediment on my part, or the part of my 
heirs or assigns, may in any sort incommode or 
prevent the most strict and iiumediate perform- 
ance of this covenant. I, the said Sir Robekt, 
do hereby renounce for myself, and all claiming 
from me, all pleas, prerogatives, privileges and 
pretences, whatsoever, which I or they, may by 
the said Grant, or by any form, custom or mode 
of proceeding at lav/ be possessed of, or entitled 
to ; and I do consent and declare, that when the 
written opinion above mentioned of the Attor- 
ney and Solicitor General, in London, shall be 
produced to the Lords Proprietors of Carolina,. 



34 A z I L I A . 



and sent over to their Deputies at Charles Town, 
and be entered in their journal — it shall stand 
as a determinate judgment recorded against me 
or them, after which no appeal shall be lawful, 
and possession shall be given immediately : that 
is to say ; no other process shall be needful than 
twenty days' notice from the Governor and 
Council at Charles Town, above mentioned. 
I'rom which time forever, if full satisfaction be 
not made within the said twenty days, as well 
in the matter complained of, as by payment of 
all costs and damages sustained by the com- 
plainants, the purchasers shall in right of them- 
selves, and by virtue of these presents, possess, 
occupy and enjoy all manner of authorities, 
territories and advantages of what kind soever, 
arising from the Grant above said, and I, the 
said Sir Bobeet Montgomery, my heirs and 
assigns shall effectually stand excluded, both in 
law and equity to all intents and purposes, as if 
the said Grant had never been made. 

In witness whereof, I have hereunto set my 
hand and seal, this Fifteenth day of July, in the 
Third year of the Eeign of our Sovereign Lord 



A z I L I A . 35 



George, by the grace of God, of Great Britain, 

France and Ireland, King: Defender of tlie 

Faith, &c. 

E. MONTGOMERY. 

x4nnoq : Domini 1717, 



36 A z I L I A 



a 



Conclusion. 

t was during the Eeign of George the 
First, that the effort was made to estab- 
^jrypY lish the Margravate of Azilia. And it 
v^T ^as in the Reign of George the Second, 
thaF the King of England in 1732, erected by 
Royal Charter, into a separate Province from 
South Carolina, the land lying between the 
Rivers Savannah and Altamaha, under the 
name of "Georgia." 

And in July, 1732, the Trustees for Establish- 
ing the Colony of Georgia, held their first 
meeting; Lord Percival qualified himself as 
President, and after taking the oath, Lord 
Carpenter, was chosen President. General 
James Oglethorpe sailed from Gravesend, on 
the 17th of November, 1732, in the Ship Anne, 
and arrived in Savannah, in February— and 
Georgia became a British Colony. 



jaU 11 ;iP1l 



V 



,^'0^ 



LRBJL7S 



